Asylum-based GC, Misdemeanor conviction for false claim of US Citizenship. Advice/Suggestion request

F

floyd

Registered Users (C)
Here is my story in a nutshell:
http://forums.immigration.com/showthread.php?t=182845

My misdemeanor conviction was for trying to use a fake ID for entering the USA, and also telling an immigration officer that I was a US Citizen. Both the conviction and lying about citizenship are specific questions on the citizenship form.

My 5 years of permanent residency is coming up. I'd like to file the application myself (out of a job for a long time, and every dollar now counts) without going through a lawyer.

Do you have any suggestions, or responses, I can use? I really can not afford a lawyer on my own, and will have to borrow to do it. If you can provide any other advice, or share similar experience and what you did, I would be very grateful.

Thanks in advance

Floyd
 
More importantly was the inadmissibility waiver you previously submitted for GC for both using a fake a ID and falsely claiming to be a US citizen?
 
Yes, submitted I-602

wantmygcnow said:
Did you submit a I-602 waiver back then ?
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@Wantmygcnow: Yes, I submitted a I-602 and an affidavit along with that, based on a format you suggested in the political asylum forum (thank you very much for that)

Bobsmyth said:
More importantly was the inadmissibility waiver you previously submitted for GC for both using a fake a ID and falsely claiming to be a US citizen?
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@Bobsmyth: I think so, but I can't be sure. I saved a scanned copy of the form, but have lost the file after a computer crash. Here is what I put on the notarized affidavit I enclosed with the I-602:
<biographical information and history deleted for brevity>
5. I attempted to enter the United States by claiming US Citizenship on September 23, 1997
6. I was arrested by INS and subsequently requested political asylum in the United States due to the persecution I had faced.
7. I cooperated with INS
8. I paid a $250 fine and a $25 special assessment
9. Subsequently, I was granted asylum by an immigration judge on November 4, 1997​


In a (not notarized) cover letter where I enclosed a letter from my employer and the birth certificates of my US citizen children, I repeated the same information:
I attempted to enter the United States by claiming US Citizenship, and I was arrested by INS. I paid a $250 fine + $25 special assessment for the use of the false documentation, and fully cooperated with INS. Subsequently, I applied for political asylum, and my asylum application was granted by an immigration judge.​

If I have to guess, I have to say based on the above language the waiver was more for the "false citizenship" claim, but sorry to say I do not recall any more.

Any suggestions?

Thank you both.
 
They granted the waiver and USCIS approved your green card while knowing what you did, so they aren't going to deport you now for it.
 
Jackolantern said:
They granted the waiver and USCIS approved your green card while knowing what you did, so they aren't going to deport you now for it.
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Thank you Jackolantern. I am not worried about deportation, but I do need the citizenship for a number of reasons. The most important one is, I don't have a job now, and being a citizen will open up a whole category of jobs for me in the DC/Northern Virginia area.

If ICE leaves me hanging for a while, that would be bad for me so I want to make sure I make a compelling argument the first time, cross every t and dot every i, etc.
 
Without a copy of the I-602 or immigration ruling, it's impossible for us say what the waiver was granted for.You can request a copy of I-602 via FOIA just to make sure that the waiver was indeed granted for a false claim to US citizenship.
 
Bobsmyth said:
Without a copy of the I-602 or immigration ruling, it's impossible for us say what the waiver was granted for.You can request a copy of I-602 via FOIA just to make sure that the waiver was indeed granted for a false claim to US citizenship.
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I will submit a FOIA request ASAP. But given that there is some delay (1 board is saying there is a 12 month backlog in FOIA), what do you think the worst case scenario would be? As I recall, the I-602 was sent to me partially filled in. I completed the rest, signed it, and sent it back.

Lets say that was for the misdemeanor conviction, and the false claim to citizenship has not been waived. What is your recommendation?

Thanks
 
floyd said:
I will submit a FOIA request ASAP. But given that there is some delay (1 board is saying there is a 12 month backlog in FOIA), what do you think the worst case scenario would be? As I recall, the I-602 was sent to me partially filled in. I completed the rest, signed it, and sent it back.

Lets say that was for the misdemeanor conviction, and the false claim to citizenship has not been waived. What is your recommendation?

Thanks
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I can't see them not having waived false claim to US citizenship since you disclosed it and it would have otherwise made you inadmissible. Worse case scenario is that the waiver doesn't mention false claim to US citizenship, you mention it on N-400 and they end up deporting you. However, in all likelihood your I-602 mentions false claim and you're fine.
 
Bobsmyth said:
I can't see them not having waived false claim to US citizenship since you disclosed it and it would have otherwise made you inadmissible. Worse case scenario is that the waiver doesn't mention false claim to US citizenship, you mention it on N-400 and they end up deporting you. However, in all likelihood your I-602 mentions false claim and you're fine.
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Since my GC is based on a political asylum, and I have never returned, I am not too worried about deportation (knock on wood). But I do not want to be stuck in limbo with a green card but no citizenship for ever--that is why I was asking here.

Your conclusion agrees with my (wishful) thinking :)--THANK YOU

ps: reading the FOIA instructions--DHS says they will respond in 20 days + 10 day extension at most. So the 12-month backlog I read about may be bogus.
 
floyd said:
Since my GC is based on a political asylum, and I have never returned, I am not too worried about deportation (knock on wood). But I do not want to be stuck in limbo with a green card but no citizenship for ever--that is why I was asking here.

Your conclusion agrees with my (wishful) thinking :)--THANK YOU

ps: reading the FOIA instructions--DHS says they will respond in 20 days + 10 day extension at most. So the 12-month backlog I read about may be bogus.
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There has been a backlog with FOIA in the past of several months. Perhaps they have now improved it.
 
Hello.

I got my green card through asylum and my 5 years of permanent residency is coming up at the end of the July. I'd like to file the application myself and already I did and it's ready to go.However I am not clear about the question #16 and #21 under good moral character.

Question #16 :Have you ever been arrested,cited,or detained by any law enforcement officer (Including USCIS or former INS and military officers) for any reason?

Qustion #21 Have you ever been in jail or prison.


My question to the forum is;Do these question apply to my entire life or do they apply my life after I miigrated to USA.Th reason I am asking this question I was arressted and in jail in my home town around 1980 and that was the reason I have granted asylum status.

Howver I am not clear how I am going to answer these two questions.

Please advice.

Best Regards.
 
FreedomCA said:
Question #16 :Have you ever been arrested,cited,or detained by any law enforcement officer (Including USCIS or former INS and military officers) for any reason?

Qustion #21 Have you ever been in jail or prison.


My question to the forum is;Do these question apply to my entire life or do they apply my life after I miigrated to USA.Th reason I am asking this question I was arressted and in jail in my home town around 1980 and that was the reason I have granted asylum status.
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Say yes to both questions, and attach a sheet explaining that it was already disclosed to INS and was the basis of your asylum application. Bring the asylum paperwork to the interview (and a copy of it to give to them) if they ask for it.
 
Hi friends.

I have read the N-400 application again with your aboce comments..Since USCIS know everything about me via my political asylum application does it make sence to write down again and provide a copy of them?I would like to be certain about the matter before I sent out my application.

Thanks for your valuable response.

Best Regards
 
In addition to my above question,I was aressted once but detained by police several times at the police station.The term convicted and arrested is being used with little different meaning.In my COP the police could took you certain amount of days without court and judge decision for the investiogation but as far as know in USA without arrest they can't hold you police station.At this point in order not the cause any confusion is ti good idea not to mention any conviction adn arrest.

Please advice.

Best Regards
 
If I didn't mention anything about my previous life since they have all record does it cause any decline of my application?
 
FreedomCA said:
I have read the N-400 application again with your aboce comments..Since USCIS know everything about me via my political asylum application does it make sence to write down again and provide a copy of them?I would like to be certain about the matter before I sent out my application.
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USCIS has a file with hundreds of pages about you and they may not be immediately aware that this was already included with your processing at the asylum stage. So you should inform them of it so they can know to look for the relevant pages in your file to confirm your statement. Make their job easier for them so your case can go faster with less confusion for them. And don't create problems for yourself by failing to mention the arrest, only to have them deny your citizenship for lying because they discover the arrest information in your file.

In addition to my above question,I was aressted once but detained by police several times at the police station.The term convicted and arrested is being used with little different meaning.In my COP the police could took you certain amount of days without court and judge decision for the investiogation but as far as know in USA without arrest they can't hold you police station.
Click to expand...
Stay consistent with whatever you claimed at the asylum and GC stages.
 
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Thanks for your response..The only reason I was asked to the right thing not to hide anything.Best Regards
 
Hello.

I have a question about the timing of the N-400 Naturalizationapplication.As far as I know that law says we are eligible to apply for citizenship 90 days prior than 5 years from the residence date on our permanent residence card.

I am permanent residence since November 1 st,2005 means it will be five years on November 1 st,2010.If we count down 90 days from November 1 st,2010 it will be August 3rd.My question is,can I sent my application couple days before than August 3 rd and they can get my application at the day of my eligibility stars or do you advice me wait and mail the application on August 3rd.

I am trying to gain the delivery time of the application which make sence after years waiting time.

Thanks for your response.

Best Regards
 
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